Protecting Your Rights And Your Future

What should you do if your children don’t want to live together?

On Behalf of | Sep 13, 2021 | Family Law

When you and your spouse go through a divorce, one of the issues that will come up is how to set up your children’s child custody schedule. Although most families decide to keep their children on the same schedule, not all do. Why? Sometimes, split custody is in your children’s best interests.

Split custody is a unique situation in which each of your children live with a different parent on opposite days. For example, your oldest child may want to live with their dad while your younger children want to remain with you.

There could be many reasons for considering split custody. Some may include:

  • Having a child with medical issues who needs more attention
  • Having children or stepchildren who want to live in different homes
  • Wanting to separate older and younger children to allow them to do age-appropriate activities

Of course, it’s not typical to keep siblings apart at all times, and there should be days that overlap on your custody schedule to give them an opportunity to bond. However, allowing your kids to thrive separately or in a custody situation that makes sense for them is possible.

When could a court refuse to separate your kids?

There are times when the court may not agree to separate your children, such as if they have a close bond or have stated that they want to remain together. This is something to discuss in advance, so you take time to think about if separation is really right for them.

What should you do if you have a custody schedule that isn’t working?

If you have set up a custody schedule for your children but have found that it’s not working out, you can usually adjust that schedule to adapt. You may want to discuss modifying custody with your ex-spouse and then talk to your attorney about submitting a modification request to the court.

If you and your ex-spouse can agree on the custody changes, then most courts will approve the modification. If not, then you may need to go to court to ask a judge for the modification that you’d like. If you do that, make sure you have strong documentation and support for your request.